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33 U.S.C. § 2330c — Aquatic ecosystem restoration

Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2330c — Aquatic ecosystem restoration

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Stable record: federal_law:legal_authorities:record_usc_58d5e2252d3386cd82be6b9d
Source file: Laws/federal/codes/united-states-code/title-33/section-2330c-aquatic-ecosystem-restoration--91bfe9ba09.md
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Source location: Title 33, Chapter 36, § 2330c; chapter-036-water-resources-development.md

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**(a) General authority** (1) **In general** — The Secretary may carry out a project to restore and protect an aquatic ecosystem or estuary if the Secretary determines that the project— (A) (i) will improve the quality of the environment and is in the public interest; or (ii) will improve the elements and features of an estuary (as defined in [section 2902 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2902&num=0&edition=prelim)); and (B) is cost-effective. (2) **Dam removal** — A project under this section may include removal of a dam. (3) **Anadromous fish habitat and passage** (A) *Measures* — A project under this section may include measures to improve habitat or passage for anadromous fish, including— (i) installing fish bypass structures on small water diversions; (ii) modifying tide gates; and (iii) restoring or reconnecting floodplains and wetlands that are important for anadromous fish habitat or passage. (B) *Benefits* — A project that includes measures under this paragraph shall be formulated to maximize benefits for the anadromous fish species benefitted by the project. (4) **Drought resilience** — A project under this section may include measures that enhance drought resilience through the restoration of wetlands or the removal of invasive species. **(b) Cost sharing** (1) **In general** — Non-Federal interests shall provide 35 percent of the cost of construction of any project carried out under this section, including provision of all lands, easements, rights-of-way, and necessary relocations. (2) **Form** — Before October 1, 2003, the Federal share of the cost of a project under this section may be provided in the form of reimbursements of project costs. (3) **Anadromous fish** — Notwithstanding paragraph (1), for projects carried out under subsection (a)(3), the non-Federal interest shall provide 15 percent of the cost of construction, including provision of all lands, easements, rights-of-way, and necessary relocations. **(c) Agreements** (1) **In general** — Construction of a project under this section shall be initiated only after a non-Federal interest has entered into a binding agreement with the Secretary to pay the non-Federal share of the costs of construction required by this section and to pay 100 percent of any operation, maintenance, and replacement and rehabilitation costs with respect to the project in accordance with regulations prescribed by the Secretary. (2) **Nonprofit entities** — Notwithstanding [section 1962d–5b of title 42](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962d–5b&num=0&edition=prelim), for any project carried out under this section, a non-Federal interest may include a nonprofit entity, with the consent of the affected local government. **(d) Cost limitation** Not more than $15,000,000 in Federal funds may be allotted under this section for a project at any single locality. **(e) Use of natural and nature-based features** In carrying out a project to restore and protect an aquatic ecosystem or estuary under subsection (a), the Secretary shall consider, and may include, with the consent of the non-Federal interest, a natural feature or nature-based feature, as such terms are defined in [section 2289a of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2289a&num=0&edition=prelim), if the Secretary determines that inclusion of such features is consistent with the requirements of subsection (a). **(f) Funding** There is authorized to be appropriated to carry out this section $75,000,000 for each fiscal year. **(g) Prioritization** The Secretary shall give projects that include measures described in subsection (a)(3) equal priority for implementation as other projects under this section.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2902 — Definitions

In this chapter, the following definitions apply: (1) **Council** — The term “Council” means the Estuary Habitat Restoration Council established by [section 2904 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section2904&num=0&edition=prelim). (2) **Estuary** — The term “estuary” means a part of a river or stream or other body of water that has an unimpaired connection with the open sea and where the sea water is measurably diluted with fresh water derived from land drainage. The term also includes near coastal waters and wetlands of the Great Lakes that are similar in form and function to estuaries, including the area located in the Great Lakes biogeographic region and designated as a National Estuarine Research Reserve under the Coastal Zone Management Act of 1972 ([16 U.S.C. 1451](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section1451&num=0&edition=prelim) et seq.) as of November 7, 2000. (3) **Estuary habitat** — The term “estuary habitat” means the physical, biological, and chemical elements associated with an estuary, including the complex of physical and hydrologic features and living organisms within the estuary and associated ecosystems. (4) **Estuary habitat restoration activity** (A) *In general* — The term “estuary habitat restoration activity” means an activity that results in improving degraded estuaries or estuary habitat or creating estuary habitat (including both physical and functional restoration), with the goal of attaining a self-sustaining system integrated into the surrounding landscape. (B) *Included activities* — The term “estuary habitat restoration activity” includes— (i) the reestablishment of chemical, physical, hydrologic, and biological features and components as

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2902

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2201 — Prior project authorization

In any case in which a project under the jurisdiction of the Secretary is budgeted under a different business line than the business line under which the project was originally authorized, the Secretary shall ensure that the project is carried out in accordance with any requirements that apply to the business line under which the project was originally authorized.

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2289a — Continued planning and investigations

**(a) Pre-authorization planning and engineering** After the Chief of Engineers transmits his recommendations for a water resources development project to the Secretary for transmittal to the Congress, as authorized in [section 701–1 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title33-section701-1&num=0&edition=prelim), and before authorization for construction of such project, the Chief of Engineers is authorized to undertake continued planning and engineering (other than preparation of plans and specifications) for such project if the Chief of Engineers finds that the project is without substantial controversy and justifies further engineering, economic, and environmental investigations and the Chief of Engineers transmits to the Committee on Public Works and Transportation of the House of Representatives and the Committee on Environment and Public Works of the Senate a statement of such findings. In the one-year period after authorization for construction of such project, the Chief of Engineers is authorized to undertake planning, engineering, and design for such project. **(b) Omitted** **(c) Authorizations as additions to other authorizations** The authorization made by this section shall be in addition to any other authorizations for planning, engineering, and design of water resources development projects and shall not be construed as a limitation on any other such authorization.

Source: Supplied U.S. Code snapshot — release unconfirmed · 33 U.S.C. § 2289a

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Federal law — U.S. Code and appendices · legal_authorities

42 U.S.C. § 1962d–5b — Delegation of functions

The Council is authorized to delegate to any member or employee of the Council its administrative functions under [section 1962a–4 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title42-section1962a-4&num=0&edition=prelim) and the detailed administration of the grant program under subchapter III.

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 1477 — Snow water supply forecasting

**(a) Short title** This section may be cited as the “Snow Water Supply Forecasting Program Authorization Act”. **(b) Definition of program** In this section, the term “program” means the Snow Water Supply Forecasting Program established by subsection (c). **(c) Snow Water Supply Forecasting Program** (1) **Program establishment** — The Snow Water Supply Forecasting Program is hereby established within the Department of the Interior. (2) **Program implementation** — To implement the program, the Secretary shall— (A) develop the program framework in coordination with other Federal agencies pursuant to subsection (d), culminating in the report required under subsection (d)(3); and (B) after submitting the report required by subsection (d)(3), implement activities to improve snowpack measurement in particular watersheds pursuant to subsection (e). **(d) Development of program framework in coordination with other Federal agencies** (1) **Snowpack measurement data** — When determining water supply forecasts or allocations to Federal water contractors, the Secretary, acting through the Commissioner of the Bureau of Reclamation, shall incorporate, to the greatest extent practicable, information from emerging technologies for snowpack measurement, such as— (A) synthetic aperture radar; (B) laser altimetry; and (C) other emerging technologies that the Secretary determines are likely to provide more accurate or timely snowpack measurement data. (2) **Coordination** — In carrying out paragraph (1), the Secretary shall coordinate data use and collection efforts with other Federal agencies that use or may benefit from the use of emerging technologies for snowpack measurement. (3) **Emerging technologies report** — Not later than October 1, 2021, the Secretary

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 1477

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 3201 — Authorizations of appropriations

There are authorized to be appropriated to the Secretary of the Interior, acting through the Commissioner of Reclamation (referred to in this chapter as the “Secretary”), for the period of fiscal years 2022 through 2026— (1) $1,150,000,000 for water storage, groundwater storage, and conveyance projects in accordance with [section 3202 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3202&num=0&edition=prelim), of which $100,000,000 shall be made available to provide grants to plan and construct small surface water and groundwater storage projects in accordance with [section 3203 of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3203&num=0&edition=prelim); (2) $3,200,000,000 for the Aging Infrastructure Account established by subsection (d)(1) of [section 510b of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section510b&num=0&edition=prelim), to be made available for activities in accordance with that subsection, including major rehabilitation and replacement activities, as identified in the Asset Management Report of the Bureau of Reclamation dated April 2021, of which— (A) $100,000,000 shall be made available for Bureau of Reclamation reserved or transferred works that have suffered a critical failure, in accordance with [section 3204(a) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3204/a&num=0&edition=prelim); and (B) $100,000,000 shall be made available for the rehabilitation, reconstruction, or replacement of a dam in accordance with [section 3204(b) of this title](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title43-section3204/b&num=0&edition=prelim); (3) $1,000,000,000 for rura

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 3201

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Federal law — U.S. Code and appendices · legal_authorities

43 U.S.C. § 390g–9 — Aquifer recharge flexibility

**(a) Short title** This section may be cited as the “Aquifer Recharge Flexibility Act”. **(b) Definitions** In this section: (1) **Bureau** — The term “Bureau” means the Bureau of Reclamation. (2) **Commissioner** — The term “Commissioner” means the Commissioner of Reclamation. (3) **Eligible land** — The term “eligible land”, with respect to a Reclamation project, means land that— (A) is authorized to receive water under State law; and (B) shares an aquifer with land located in the service area of the Reclamation project. (4) **Net water storage benefit** — The term “net water storage benefit” means an increase in the volume of water that is— (A) stored in 1 or more aquifers; and (B) (i) available for use within the authorized service area of a Reclamation project; or (ii) stored on a long-term basis to avoid or reduce groundwater overdraft. (5) **Reclamation facility** — The term “Reclamation facility” means each of the infrastructure assets that are owned by the Bureau at a Reclamation project. (6) **Reclamation project** — The term “Reclamation project” means any reclamation or irrigation project, including incidental features thereof, authorized by Federal reclamation law or the Act of August 11, 1939 (commonly known as the “Water Conservation and Utilization Act”) (53 Stat. 1418, chapter 717; [16 U.S.C. 590y](https://uscode.house.gov/view.xhtml?req=granuleid:USC-prelim-title16-section590y&num=0&edition=prelim) et seq.), or constructed by the United States pursuant to such law, or in connection with which there is a repayment or water service contract executed by the United States pursuant to such law, or any project constructed by the Secretary through the Bureau for the reclamation of land. **(c) Flexibility to allow greater aquifer

Source: Supplied U.S. Code snapshot — release unconfirmed · 43 U.S.C. § 390g–9

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Federal law — U.S. Code and appendices · legal_authorities

33 U.S.C. § 2330c — Aquatic ecosystem restoration

Page 834 TITLE 33—NAVIGATION AND NAVIGABLE WATERS § 2330c Editorial Notes REFERENCES IN TEXT The Endangered Species Act of 1973, referred to in subsec. (a), is Pub. L. 93–205, Dec. 28, 1973, 87 Stat. 884, which is classified principally to chapter 35 (§ 1531 et seq.) of Title 16, Conservation. For complete classifica- tion of this Act to the Code, see Short Title note set out under section 1531 of Title 16 and Tables. CODIFICATION Section was enacted as part of the Water Resources Development Act of 2016, and also as part of the Water Infrastructure Improvements for the Nation Act, also known as the WIIN Act, and not as part of the Water Resources Development Act of 1986 which comprises this chapter. Statutory Notes and Related Subsidiaries ‘‘SECRETARY’’ DEFINED Secretary means the Secretary of the Army, see sec- tion 1002 of Pub. L. 114–322, set out as a note under sec- tion 2201 of this title. § 2330c. Aquatic ecosystem restoration (a) Definition of eligible entity In this section, the term ‘‘eligible entity’’ means— (1) any State, Indian Tribe, irrigation dis- trict, or water district; (2) any State, regional, or local authority, the members of which include 1 or more orga- nizations with water or power delivery author- ity; (3) any other entity or organization that owns a facility that is eligible for upgrade, modification or removal under this section; (4) any nonprofit conservation organization, acting in partnership with any entity listed in paragraphs (1) through (3), with respect to a project involving land or infrastructure owned by the entity; and (5) an agency established under State law for the joint exercise of powers or a combination of entities described in paragraphs (1) through (4). (b) General authority (1) In gener

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